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UNITED STATES v. MAROLDA

No. 78-3752.

615 F.2d 867 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Frank C. MAROLDA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 23, 1980.

Attorney(s) appearing for the Case

Allen J. Ruby, Morgan, Ruby, Teter, Schofield, Franich, Bourchier & Fredkin, San Jose, Cal., for defendant-appellant.

Gerald J. Hinckley, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before TRASK and GOODWIN, Circuit Judges, and LARSON, District Judge.

GOODWIN, Circuit Judge:

Frank C. Marolda appeals his conviction for embezzling from a labor union, 29 U.S.C. § 501(c). The principal points on appeal concern the instructions to the jury. Because of error in the instructions, the judgment is reversed.

The International Union of Hotel and Restaurant Employees decided, for economic reasons, to merge two of its locals, and on October 1, 1975, the newly merged Local...

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